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RULES OF COURT – RULES OF COURT MUST BE OBEYED

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Manuel Akinshola
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RULES OF COURT – RULES OF COURT MUST BE OBEYED

“The rules of the court must be obeyed, this has be over – emphasised in a plethora of cases, in the recent case of Adelani Adepegba & Ors v Dr. Innocent (2015) LPELR – 40706 (CA), it was held thus by this court;

“The law is now trite that rules of court are not mere rules. Indeed, they are to be reckoned with as subsidiary legislations which by virtue of Section 18 (1) of the Interpretation Act have the force of law. See Akanbi vs Alao (1989) 3 NWLR (Pt.108) 118. Hence, the dire need for compliance therewith. It is thus further settled, that when there brazen non- compliance with mandatory rules of Court, the Court should remain passive and toothless. It should bark and bite. Thus, there must be sanction, otherwise the purpose aimed at, when the rules were enacted will be defeated and there will be no certainty or predictability with regard to application of the law. Put differently, rules of court are not only meant to be obeyed, they are also binding on the parties. See Bango vs Chado (1993) 9 NWLR (Pt. 554) 139, The Hon. Justice Kalu –Anyah vs African Newspapers of Nigeria Ltd (1992) 6 NWLR 1 (Pt. 247) 319. PER OREDOLA, JCA (PP 13 – 14, PARAS C- A).”

 

PER A.O.OBASEKI-ADEJUMO, J.C.A in ARABA SHITTA DADA & 8 ORS .V.  ADENIRAN ADEDOKUN VENTURES & 6 ORS. LER[2019]CA/L/578/2014


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